Retained EU Law (Revocation and Reform) Act 2023

Separate exercise by a Minister of the Crown U.K.

5 (1) A Minister of the Crown may not make a statutory instrument containing regulations to which this Part of this Schedule applies and which are within sub-paragraph (2) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(2) The following regulations are within this sub-paragraph—

(a) regulations under section 1;

(b) regulations under section 7 which amend, repeal or revoke primary legislation;

(c) regulations under section 11 or 12 which amend, repeal or revoke primary legislation;

(d) regulations under section 14(2) which confer a power to make subordinate legislation or create a criminal offence;

(e) regulations under section 14(3);

(f) regulations under section 19 which amend, repeal or revoke primary legislation.

(3) A statutory instrument made by a Minister of the Crown containing regulations to which this Part of this Schedule applies and which are within sub-paragraph (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The following regulations are within this sub-paragraph—

(a) regulations under section 7 which are not within sub-paragraph (2)(b);

(b) regulations under section 15;

(c) regulations under section 19 which are not within sub-paragraph (2)(f).

(5) A statutory instrument made by a Minister of the Crown containing regulations to which this Part of this Schedule applies and to which neither sub-paragraph (1) nor sub-paragraph (3) applies is (if a draft of the instrument has not been laid before, and approved by a resolution of, each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I1 Sch. 5 para. 5 in force at Royal Assent, see s. 22(1)(e)